Civil Litigation,
Intellectual Property,
9th U.S. Circuit Court of Appeals
Jan. 28, 2012
Copyright fair use: courts poised to seek limiting principles amid the labels
Two federal appellate courts will soon reconsider an element of the copyright fair use test.
Andrew J. Thomas
Partner
Jenner & Block LLP
Phone: (213) 239-5100
Email: ajthomas@jenner.com
Harvard Univ Law School; Cambridge MA
Andrew represents content owners in copyright, trademark and First Amendment matters. CONTENT MATTERS is a monthly column devoted to matters of interest to those who create content of all kinds (entertainment, news, software, advertising, etc.) and bring that content to market. Our hope is to shed light on key issues facing the creative content community. If you have questions, comments or topic ideas, let us know. Because content matters.
CONTENT MATTERS
Litigation over copyright law's fair use doctrine frequently boils down to a battle of labels, with the outcome often depending on whether a use is categorized as parody or satire, transformative or derivative, art or appropriation. Cases now pending in the U.S. 2nd and 9th U.S. Circuit Courts of Appeals will test the issue again in 2012.
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